Procedures for compulsory land recovery

Lao Dong Newspaper Legal Consulting Office replied:

Clause 4, Article 89 of the 2024 Land Law (effective from August 2024) stipulates that the implementation of the decision to enforce the land recovery decision shall be carried out according to the following order and procedures:

a) Before carrying out enforcement, the Chairman of the District People's Committee shall decide to establish a Land Recovery Enforcement Board, including: the Chairman or Vice Chairman of the District People's Committee as the head of the board; representatives of agencies with functions of inspection, justice, natural resources and environment, and construction; units and organizations performing the tasks of compensation, support, and resettlement; representatives of the leaders of the Commune People's Committee where the land is recovered as members and other members decided by the Chairman of the District People's Committee;

b) The land recovery enforcement committee shall mobilize, persuade, and dialogue with the person subject to enforcement; if the person subject to enforcement complies, the land recovery enforcement committee shall draw up a record of compliance. The land handover shall be carried out no later than 30 days from the date of drawing up the record.

In case the person subject to enforcement does not comply with the enforcement decision, the Land Recovery Enforcement Board shall organize the enforcement;

c) The Land Recovery Enforcement Board has the right to force the person subject to enforcement and related persons to leave the land subject to enforcement and to move their assets out of the land subject to enforcement; if they fail to do so, the Land Recovery Enforcement Board is responsible for moving the person subject to enforcement and related persons and their assets out of the land subject to enforcement.

In case the person subject to enforcement refuses to receive the property, the Land Recovery Enforcement Board must make a record, organize the preservation of the property according to the provisions of law and notify the person with the property to receive the property back;

d) The land recovery enforcement committee invites representatives of the Vietnam Fatherland Front Committee at the district level to participate in supervising the land recovery enforcement.

Thus, the order and procedures for compulsory land recovery are carried out as above.